(a) The Administrator may inspect any operation without prior notice or consent within normal business hours. If any operator or operator refuses access to the Administrator asking to make such an inspection, the Administrator may suspend all operations until such time as the inspection has occurred and the Administrator is satisfied that no imminent threat of substantial harm to health, human safety, or the environment exists or that such threat has been eliminated.
(b) The Administrator may also suspend or revoke a permit for repeated or willful violation of any of the terms of the permit or the provisions of this Article if the Administrator determines there is an imminent threat of irreparable harm to the environment; or of serious hazard to the health, safety, and general welfare of the public, including the City's water supply.
(c) The Administrator may refuse to renew a permit upon a finding, supported by substantial evidence that the operator is in repeated or willful violation of any of the terms of the permit or the provisions of this Article.
(d) Any person directly adversely aggrieved by an action taken or determination made by the Administrator may appeal, by requesting a public hearing within 30 days of the date of the Administrator's action, in accordance with § 6-177 of this Article.
(e) It is unlawful to violate any of the provisions of this Article, or fail to perform any duty imposed by this Article, any permit condition, or any order issued by the Administrator. Any operator found to have committed such a violation shall be liable for an immediate penalty not to exceed $2,500. Additionally, any operator found to have committed a violation shall be liable for a penalty not to exceed $2,500 for each day such violation continues.
(f) In determining the amount of the penalty under this Article, the Administrator shall consider the operator's history of previous violations at the mining operation, the seriousness of the violation, including any irreparable harm to the environment and hazard to the health, safety, and general welfare of the public, the operator's negligence, and the demonstrated good faith of the operator to achieve rapid compliance after notification of the violation.
(g) Upon the assessment of a penalty under this Article, the Administrator shall, within 30 days of the assessment, inform the operator of the amount of the penalty assessed and issue an order to the operator to pay the penalty. The operator has 30 days from the receipt of the order to pay the penalty or request a public hearing pursuant to § 6-177 of this Article to contest the imposition of the penalty or the amount of the assessment. If the operator requests a public hearing, the operator shall forward an amount equal to the assessed penalty to the Administrator, who shall place the amount in an escrow account.
(h) An operator who desires to contest the violation or amount of penalty assessed but fails to forward the amount to the Administrator waives all legal rights to contest the violation or amount of penalty assessed. If, following a public hearing addressing the violation or penalty assessed, it is determined that a violation did not occur or the amount of the penalty is reduced, the Administrator shall, within 30 days of the decision, remit the appropriate amount to the operator with interest at a rate interest equal to the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of penalty was paid.
(i) If a permit is suspended or revoked, the Administrator may require the operator to commence reclamation upon 30 days notice.
(Ord. D-1686-04, 4-18-05)